Criminal Law/search warrant

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Expert: - 8/25/2007


Question
QUESTION: The police had a search warrant for a murder. But they found drugs and arressted my friend at his house. Are they allow to do this?

ANSWER:    This sounds like a followup to a prior question but I have no idea what the prior question was.  If you are asking me if during a search warrant in a murder case that the police found illegal drugs and arrested someone then of course it is legal. The courts have upheld these kinds of searches and arrests many times.  What if the police ignored the drugs and let the suspect keep them?

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QUESTION: My question is the search warrant was for article of clothing and electronics that can be use for evidence in a murder. The police did not say he is a suspect. But they found illegal drugs and charge him for possession of drugs.
So can the charges still held even though drug were not in plain sight. They were looking for another things but found drugs instead?

ANSWER:    The usual rule of thumb is that the police can look anywhere for things named in the search warrant if the item can be concealed in that particular case.  In other words if they are looking for a refrigerator then can't look in a dresser drawer.  It will be up to a judge to rule whether the drugs can be admitted as evidence.  You still didn't tell me where the drugs were but in the end it is up to the judge to rule on this.

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QUESTION: Thanks for you quick respond.
They found ecstasy pills in his room.
Drugs were not on the search warrant.
I guess it will be up for the judge if the charges.
Should he find a lawyer? to go to the arraignment?


Answer
It's a murder investigation and the police found ectasy pills????  Sorry for being incredulous but he should have retained an attorney a long time ago.

It does not matter if drugs were not on the search warrant.  If the police find things that are contraband(against the law) then they can seize them and charge whoever is there.  I know that you are close to the situation so you might consider getting an attorney also.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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